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Appeals Court rejects appeal from convicted sex offender

By Ray King

OF THE COMMERCIAL STAFF

A Drew County man sentenced to prison for failure to comply with registration and reporting requirements for a sex offender failed to convince the Arkansas Court of Appeals that the evidence used to convict him was insufficient.

James Edward Green Jr., 45, also contended that the trial court erred when it allowed the admission of a risk assessment and offender profile report during the sentencing phase of the trial, but the appeals court disagreed.

After a jury trial, Green was convicted of failure to report a change of address and of living within 2,000 feet of a daycare facility and was sentenced to consecutive prison terms totaling 45 years.

According to the court ruling, Green is a Level Four sex offender and was required to notify law enforcement authorities of any change of address 10 days in advance of any move.

During the trial, testimony was introduced that indicated Green was living in a trailer. Green argued on appeal that the evidence did not show that he was living in that particular trailer, but rather at his parents’ home, and that he was in the trailer only to do repair work.

The court ruling said testimony at the trial indicated that the previous occupant had moved out two months earlier and had the utilities shut off, and there was evidence that electrical, gas and water service had been re-established in Green’s name.

That evidence included a letter from Entergy addressed to Green, another letter from Centerpoint Energy, thanking him for establishing service, and testimony from the manager of the local water utility who said Green had established service in his name and paid a $50 deposit.

Additionally, there were dishes in the sink, perishable food in the refrigerator, furniture in the trailer, men’s clothing and toiletries, and prescription medication bottles with Green’s name on them. Green also had a key to the trailer and there was no evidence of repair work, the court ruling said.

“On this record, we think that a jury could find that there was no reasonable conclusion to be drawn except that appellant (Green) was residing in the trailer,” Appeals Court Judge John Mauzy Pittman said in the ruling.

Regarding Green’s contention that the risk assessment and offender profile report should not have been entered during the sentencing phase of the trial, Pittman noted that Green’s defense attorney expressly said that he had no objection to the admission of the report.

Green will be eligible to apply for parole in December 2018, according to the Department of Correction website.